STATE v. NEAVE

No. 97-3486-CR.

220 Wis.2d 786 (1998)

585 N.W.2d 169

STATE of Wisconsin, Plaintiff-Respondent, v. Xavier R. NEAVE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 1, 1998.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Charles Bennett Vetzner, assistant state public defender, Madison.

On behalf of the plaintiff-respondent, the cause was submitted on a motion for summary reversal of James M. Freimuth, assistant attorney general.

Before Snyder, P.J., Nettesheim and Anderson, JJ.


NETTESHEIM, J.

The issue in this case is whether the cost of the State Crime Laboratory's analysis of a controlled substance may be imposed as a condition of probation. Because § 973.06(1), STATS., does not recognize such expenditure as an allowable taxable cost, we reverse the trial court's postconviction order which rejected Xavier R. Neave's challenge to the condition of probation. We vacate the challenged portion...

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